Legal Question in Family Law in Texas

My daughter discovered after 7yrs of marriage & being pregnant with her first child that, her husbands last name was not that of his bio father or maiden name of his mother. It was the last name of a man she had a child with earlier in life but was not ever married to. That child was given the man's last name, rightfully so, but she also gave the last name to the child she had next & to my daughters husband when he was born 10yrs later. Although, the man was not their father or even in her life anymore. Nor had she ever been married to him. My daughter is devastated! She no longer wants to carry that last name nor does she want it to be the last name of their son. Because her husband doesn't even know who this man is! Only that he was allegedly his sisters father. What can she do? Does she have a legal right to change it?


Asked on 3/04/14, 4:32 pm

1 Answer from Attorneys
TC Langford Langford Law Office

An adult can petition the court in their jurisdiction for a name change. It is required that it not be for a deceptive purpose. Certain past criminal convictions will bar the petition. If both parents choose to change their name prior to the child's birth, then their new last name will be reflected on the child's birth certificate. If it is after their birth, both parents will need to join the petition to change the baby's name.

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Answered on 3/05/14, 10:55 am


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